Social Rights

At its 311st session in January 2020, the European Committee of Social Rights examined the follow-up given to the decisions on the merits of collective complaints (Findings 2019) in which the Committee had found violations concerning: Croatia, Czech Republic, the Netherlands, Norway, Slovenia and Sweden.

The Committee found that the situation had been brought into conformity with the Charter concerning the following decisions:

- Centre on Housing Rights and Evictions (COHRE) v. Croatia, Complaint No. 52/2008, decision on the merits of 22 June 2010

The Committee held that the situation had been brought in conformity with Article 16 of the 1961 Charter read in the light of the non-discrimination clause, concerning the right to protection of families who had been arbitrarily evicted from their housing during the conflict in the former Yugoslavia.

- Matica Hrvatskih Sindikata v. Croatia, Complaint No. 116/2015, decision on the merits of 21 March 2018

The Act of 2012 on withdrawal of certain material rights of the employed in public services (Official Gazette No. 143/2012) which amounted to an unjustified interference in the collective bargaining process, protected under Article 6§2 of the 1961 Charter, is no longer in force.

- Conference of European Churches (CEC) v. the Netherlands, Complaint No. 90/2013, decision on the merits of 1 July 2014

The Committee found that the situation had been brought in conformity with Article 13§4 and 31§2 of the Charter, as measures have been taken to guarantee emergency assistance and access to shelter for adult migrants in an irregular situation and without adequate resources.

- Fellesforbundet for Sjøfolk (FFFS) v. Norway, Complaint No. 74/2011, decision on the merits of 2 July 2013

The Committee found the age limit of 70 years for seamen to be compatible with Article 24 and 1§2 of the Charter, in particular in the light of the health and safety considerations that may apply to the seamen’s occupation.

- European Federation of National Organisations Working with the Homeless (FEANTSA) v. Slovenia, Complaint No. 53/2008, decision on the merits of 08/09/2009

The Committee found that as regards former holders of a “housing right” over flats that had been restored to their private owners, sufficient measures had been taken in respect of the persons concerned for the acquisition or access to a substitute flat, allowing them to effectively exercising their right to housing in conformity with Article 31 and Article 16 taken alone or read in conjunction with Article E of the Charter.

Under the follow-up procedure and in accordance with the decision of the Committee of Ministers adopted at the 1196th meeting of the Ministers’ Deputies on 2-3 April 2014, the respondent State provides information in its periodic report on the measures envisaged or adopted to give effect to the decisions of the European Committee of Social Rights, taking into account the recommendation or resolution adopted by the Committee of Ministers. It falls to the European Committee of Social Rights to determine whether the situation has been brought into conformity with the Charter.

The follow-up procedure is similar to the execution of the judgments of the European Court of Human Rights.

Decisions adopted by both the European Committee of Social Rights and the Committee of Ministers in the framework of the collective complaints procedure are available on the HUDOC Charter Database.

For more information on the follow up of ECSR decisions in respect of the other States bound by the collective complaints procedure, see Findings 2018